Orissa High Court
Chanchala Behera vs State Of Odisha And Others on 23 March, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 7655 OF 2023
Chanchala Behera .... Petitioner
Mr. H.S. Deo, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. Baibaswata Panigrahi,
Additional Standing Counsel
(For Opposite Party Nos.1 to 4)
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 23.03.2023
01. 1. This matter is taken up through hybrid mode.
2. Petitioner in this writ petition prays for a direction to
Opposite Parties, more particularly Opposite Party No.2-
Engineer-in-Chief (Civil), Bhubaneswar to release the amount
of arrear maintenance as directed to be paid by this Court, vide
order dated 3rd August, 2022 in MATA No.102 of 2014.
3. Mr. Deo, learned counsel submits that assailing the
judgment dated 7th February, 2014 passed by learned Judge,
Family Court, Rourkela in Civil Proceeding No.143 of 2011,
the Petitioner had filed MATA No.102 of 2014. This Court
allowed the appeal by order dated 3rd August, 2022 (Annexure-
1) with the following direction.
"....Therefore, the income should rightly be taken at
Rs.50,000/- per month. The gross salary of the
respondent is much more. Having considered thus, we
are of the view that a sum of Rs.12000/- will be right
amount of maintenance for the appellant. The
respondent is therefore directed to pay the enhanced
amount of Rs.12,000/- per month from Ist August, 2022.
For the period prior to that, the respondent shall pay
the enhanced maintenance allowance at the rate of
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Rs.5000/- to the appellant after deducting the amount
as already paid. The arrear maintenance on the basis
of the maintenance allowance at Rs.5000/- be paid
within a period of six months from Ist August, 2022 in
six instalments, meaning, the entire arrear maintenance
shall be paid by 31st January, 2023. It is made clear
that payment of the arrear maintenance by instalment is
in addition to the monthly maintenance as has been
determined at Rs.12,000/-. The monthly maintenance at
Rs.12,000/- be paid within 10th day of every English
calendar month. Failure in payment, would invite stern
action from the Court and in that event, punitive action
may also be taken against the respondent [the former
husband of the appellant]. That apart, we would also
direct the respondent to pay the additional sum of
Rs.10,000/- as litigation expenses to the appellant.
In the result, the appeal stands allowed to the
extent as indicated above.
Decree be drawn accordingly.
LCR be sent down thereafter. The pending
applications, if any, stand disposed of."
It is submitted that since the Opposite Party-authority did not
comply with the said direction, an execution case has been filed
before learned Judge, Family Court, Rourkela for realization of
the arrear amount. On retirement of Opposite Party No.4 from
service in the month of May, 2023, if he receives his retiral
dues, it will be difficult on the part of the Petitioner to realize
the arrear amount. Hence, a representation has been submitted
to the Opposite Party No.2 for releasing the arrear maintenance
as per the calculation sheet appended to the said representation
by deducting the same from the retiral dues of the Opposite
Party No.4. However, the said representation under Annexure-2
has not yet been disposed of. Hence, this Writ Petition has been
filed for the aforesaid relief.
4. Taking note of the submission made by learned counsel
for the Petitioner, this Court is of the considered opinion that
since an execution case is pending before Family Court,
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Rourkela for realization of the arrear amount of maintenance
pursuant to the direction of this Court in MATA No.102 of
2014, entertaining the present writ petition will be an abuse of
process of Court, since the Petitioner has a remedy before
learned Family Court, Rourkela.
5. In view of the above, I am not inclined to entertain the
writ petition, which is accordingly dismissed.
(K.R. Mohapatra)
Judge
s.s.satapathy
